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Depoe Bay council edits harbor user-fee ordinance, debate centers on who pays and how much
Summary
At a second reading, Depoe Bay councilors debated definitions and exemptions in a proposed harbor passenger fee ordinance — especially whether volunteers or comped tickets count as 'passengers' — and differed on setting $2 versus $1 per passenger. Council agreed to refine wording and return changes for December consideration.
Depoe Bay councilors spent more than an hour revising language and debating rates during the second reading of a harbor user-fee ordinance, focusing on whether volunteers and comped tickets should be considered "passengers" subject to a per-person charge.
A council member stated the ordinance language as drafted: "The fee applies to all passengers regardless of age, dayfare, or whether the fare is charged." The phrase prompted questions about whether people who are not charged — veterans on comped trips, volunteers, or promotional guests — would be caught by the definition.
Councilors proposed two approaches: (1) tighten the definition so only paying passengers are included, and create an explicit carve-out for volunteers and owners/operators; or (2) broaden the passenger definition to include people who would normally pay but are currently comped, ensuring promotional tickets still trigger the fee. "If you change if you add that to the definition, then there's no contradictions in the ordinance," said a council speaker supporting the second approach.
On price, the ordinance as drafted set a $2-per-passenger-per-trip fee. Several council members urged a lower starting price to avoid harming businesses that rely on short trips such as whale-watch operators. "When you charge $20 for a whale watch, that's 10% — 10% is a pretty substantial amount," one councilor said, supporting either $1 per passenger or a staged approach with a $1 pilot and later resolution to set the final rate.
Councilors agreed to keep an exemption process for organized events and to retain a 5% rebate to offset credit-card fees. They also discussed operational provisions: requiring vessel operators to register and submit manifests (booking agents already provide counts), giving the city administrator authority to evaluate exemptions, and coordinating collection with license renewals.
Rather than adopt substantive pricing changes at second reading — which would require returning to first reading — council directed staff to redraft clarified definitions and exemption language. The ordinance will be placed on the Dec. 9 agenda for further action, with staff instructed to prepare language that resolves the volunteer/comped-ticket ambiguity and outlines administrative exemptions and audit procedures.
Council members noted enforcement and audit concerns if age-based discounts or tiered pricing were later adopted; staff said operators' booking manifests typically list adults and children and could be used for billing. The council did not adopt a final price change at the meeting; the $2 figure remains in the ordinance pending the December actions.
